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TMI Blog2024 (9) TMI 1087X X X X Extracts X X X X X X X X Extracts X X X X ..... perienced professional with various educational qualifications and had volunteered to work with Organisations such as UNICEF Canada to educate children about UNICEF s work for children across the world, as well as with Afghans4tomorrow to help improve the business skills of students at the Kabul Education University. The Applicant despite being lodged in Tihar Jail No.4 as an under-trial prisoner, has volunteered as Horticulture Sahayak. The Applicant has deep roots in the society and is not a flight risk and has business and professions which are based in India and he is not likely to abscond from the country. In Manish Sisodia v. Directorate of Enforcement [ 2024 (8) TMI 614 - SUPREME COURT] , there is no possibility of tampering of evidence by the Applicant if the Applicant is granted bail as the case is primarily dependent on documentary evidence which is already seized by the prosecution. Similarly, the apprehension regarding influencing witnesses and that of being a flight risk can be diffused by imposing stringent conditions while granting bail. Therefore, the conditions of triple test are duly satisfied by the Applicant. It is admitted that the Applicant has been behind bar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ried range of sectors and fields across countries. The Applicant started his career with Reliance Industries Limited and went on to work in Canada for seven years as an Analyst at the Ontario Power Generation Nuclear Safety Solutions Limited and worked with various other Companies. The Applicant had volunteered to work with organisations such as UNICEF, Canada to educate children about UNICEF s Work for Children across the world, as well as with Afghans4Tomorrow to help improve the business skills of students at the Kabul Education University. The Applicant despite being lodged in Tihar Jail No. 4 as an under-trial prisoner, has volunteered to work as Horticulture Sahayak. 3. It is stated that the GNCTD released the Delhi Excise Policy for the Year 2021-2022 (hereinafter referred to as the Excise Policy ) on 05.07.2021, after the fulfilment of all the procedures of Tenders and Allotment; the Excise Policy was implemented on 17.11.2021 by the GNCTD. 4. However, vague allegations have been made against high-ranking Government officials that they were in cahoots with one other and other persons, and were instrumental in recommending the Excise Policy without the approval of the Compet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 2873 cores has been caused to the Exchequer of GNCTD. 11. It is also alleged that all the accused persons are found to have been involved in multiple activities related to or connected with proceeds of crime of scheduled offences in regard to which the ED registered the case in terms of Section 3 of PMLA, 2002. It is alleged that all the accused persons have dealt with the proceeds of crime and they are guilty of offence of money laundering punishable under Section 4 of the PMLA, 2002. 12. The Applicant has been alleged to be the key member of the criminal conspiracy and has been the part of the South Group. The Applicant has participated and was deeply involved in drafting and formulation of the Excise Policy 2021-22 in conspiracy with Vijay Nair. 13. In March, 2021, the Applicant, Butchi Babu and Abhishek Boinpally had acted with Vijay Nair and Sameer Mahandru for discussing the business opportunities in the new Excise Policy and forming a partnership. The Applicant allegedly gave the inputs to Vijay Nair and further had been a party to the discussions with him and had proposed favours in the Excise Policy that was under drafting at that time. 14. The main Complaint has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther evidence. Reliance has been placed on behalf of the Applicant on the decision in Chandra Prakash Khandelwal vs. Directorate of Enforcement, decided vide Bail Application 2470/2022 by the Co-ordinate Bench of this Court on 23.02.2023, wherein it had been observed that the weightage of Section 50 of PMLA, 2002 statement can be seen only at the time of trial. 18. It is further argued that only such property which is derived or obtained directly or indirectly as a result of criminal activity relating to scheduled offence can be termed as proceeds of crime. The possession of unaccounted property acquired by legal means may be actionable for tax violations, yet cannot be regarded as proceeds of crime unless it constitutes an offence which is included in the Schedule, as has been observed in the decision of Anil Vasantrao Deshmukh vs. State of Maharashtra, 2022 SCC OnLine Bom 3150. 19. The Applicant has further asserted that even on merits, no case is made out against him as there is no corroborative evidence to substantiate the allegations made against him. 20. It has been alleged by the respondent that the Applicant used to collect undue pecuniary advantage from Sameer Mahandru, Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrived at, wherein ADS Group was supposed to assist the South Group to set up its business in Delhi. In June, 2021, the Applicant along with his associates, Abhishek Boinpalli and Buchi Babu arranged the meeting of Sameer Mahandru with Sarath Chandra Reddy with regards to investments in liquor business. They all flew in a chartered flight of Sarath Chandra Reddy from Hyderabad to Delhi, wherein they discussed investments in M/s Indo Spirits. In September, 2021, PRI had hosted a dinner at Taj Mansingh, Delhi for successful retail bidders, which was attended by the Applicant as well. 26. Similar meeting is claimed to have been held in April, 2022, to discuss the issues of recovering the bribes paid from their business operations which were faltering. 27. Further, it has been alleged that the Credit Notes of worth of Rs. 4,35,00,000/- to these three L7 firms were issued by M/s Indo Spirits on the directions of the Applicant. 28. Furthermore, there was more than Rs. 60,00,00,000/- approximately pertaining to retail zones of Trident Chemphar Pvt. Ltd., Organomix Ecosytems and Sri Avantika Contractors towards Indo Spirits. This pattern of outstanding payments is unusual and disproportio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would take years to conclude, for which, the reliance has been placed on the decisions in State of Kerala vs. Raneef, (2011) 1 SCC 784 and Sanjay Agarwal vs. Directorate of Enforcement, decided vide Crl. Appeal 1835/2022 by the Apex Court on 21.10.2022. 34. It is further stated on behalf of the Applicant he satisfies the general triple test for grant of regular bail as laid down in the case of P . Chidambram vs. CBI, (2020) 13 SCC 337. In the instant case, there was not even a hint of any allegation that the Applicant has attempted to influence any witness. The Applicant has deep roots in the society and is not a flight risk. The investigations are complete and the Applicant has cooperated and the joined the investigation. 35. It is stated that the Special Judge while declining the bail to the Applicant vide Order dated 08.06.2023, has failed to appreciate all the aforesaid factors. The medical condition of the Applicant and his wife has also been ignored. The Applicant has claimed that he has lost 15 kgs. of weight during incarceration of around six months and has recurring fever. The Applicant s mother has recently suffered strokes and is in a very high fragile condition on accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and formulation of the Excise Policy 2021-22 in conspiracy with Vijay Nair and had given inputs to Vijay Nair and being a part of the discussions where Vijay Nair had proposed favours in the Policy that was under drafting at that time. 42. It is claimed that Manish Sisodia had called C. Arvind to the residence of Arvind Kejriwal on 18.03.2021 and handed over a document containing the draft of GoM Report on the basis of which he got typed the Document dated 19.03.2021 that was retrieved from a computer from the office Conference Room of Manish Sisodia. The draft GoM Report prior to 19.03.2021 contained the wholesale profit margin to be only 5%, which in the subsequent document typed on 19.03.2021, had been enhanced to 12% profit margin. The change of profit margin in the GoM Report from 5% to 12% overlapped with the stay of the members/representatives of the South Group in Oberoi Hotel, New Delhi from 14.03.2021 till 17.03.2021 during which period, a print was taken at hotel and a document was handed over by Manish Sisodia which clearly proves the collusion of the Applicant and other representatives/members of the South Group to increase the profit margin of wholesalers from 5% to 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant to K. Kavitha, has been produced. It is submitted that the cartel formation at the most was a violation of the Policy, but it was a business cartel. 49. Further, it is argued on behalf of the Applicant that there is no evidence whatsoever to establish the role of the Applicant in formulation of Policy. There is no recovery of Policy/GoM Report from the Applicant or from his mobile phone. The stay at Oberoi Hotel during the same period when changes were made in GoM Report, does not prove the Applicant s role in formation of Policy. Only Statements under Section 50 of PMLA, 2002 are there which are not only in material contradiction but also are of the accomplices who are accused in the present case and the same are not reliable. 50. Insofar as the allegations of payment of advance kickbacks are concerned, there is no evidence of the involvement of the Applicant in payment of Rs. 100 crores as bribe. There is no statement of hawala operator to whom the cash was allegedly handed over in Delhi. 51. It is also submitted that Butchi Babu s Statement dated 23.02.2023 is vague and the Applicant has retracted from his Statement dated 18.09.2022. 52. Further, Dinesh Arora has turned an a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hattacharaya vs. Ramesh Malik Ors., decided vide SLP (C) 16325/2022. 61. In the end, it is argued that the delay cannot be the sole ground to grant bail even after the Court is of the view that the person is guilty of the offence of money laundering. 62. Reliance has also been placed on the decisions in Tarun Kumar vs. Enforcement Directorate, 2023 SCC OnLine SC 1486, Satyender Kumar Jain vs. Directorate of Enforcement decided vide SLP (Crl) 6561/2023, State of Bihar Anr. vs. Amit Kumar, (2017) 13 SCC 751 and Religare Finvest Ltd. vs. State of NCT of Delhi Anr., decided vide CRL.M.C. 796/2021 by the Co-ordinate Bench of this Court on 14.06.2021. 63. Submissions heard and record as well as judgments perused. 64. It is admitted by the parties that the CBI case was registered on 17.08.2022 under Section 120B of the Indian Penal Code, 1860 read with Sections 7/7A/8 of Prevention of Corruption Act, 1988 at Police Station CBI, ACB, New Delhi against Manish Sisodia and others, wherein the Applicant was named as an accused, but the Chargesheet in the CBI case (predicate offence) was filed without the arrest of the Applicant and he has been admitted to bail in the CBI case vide Order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar circumstances. 70. In the case of Manish Sisodia (supra) the Hon ble Supreme Court observed that prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial. It was further observed that fundamental right of liberty provided under Article 21 of the Constitution is superior to statutory restrictions and reiterated the principle that bail is the rule and refusal is an exception . The Apex Court reiterated observation in Gudikanti Narasimhulu v. Public Prosecutor, High Court of A.P. (1978) 1 SCC 240 that the objective to keep a person in judicial custody pending trial or disposal of an appeal is to secure their attendance at trial. The same observations have been reiterated by the Apex Court while granting bail to similarly placed accused under the Complaint in PMLA case in Kalvakuntla Kavitha v. Directorate of Enforcement 2024 INSC 632 and Vijay Nair v. Directorate of Enforcement in SLP (Crl.) No. 22137/2024 vide order dated 02.09.2024. 71. Considering the above, the Applicant is admitted to bail on the following terms and conditions: - a. The Applicant is directed to be released forthwith on bail in connection wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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